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CALDWELL v. STATE

No. 1D02-1689.

832 So.2d 884 (2002)

Donnie CALDWELL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

December 12, 2002.

Attorney(s) appearing for the Case

Appellant, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, for Appellee.

PER CURIAM.

AFFIRMED.

KAHN and LEWIS, JJ., concur; BENTON, J. concurs with opinion.

BENTON, J., concurring.

I concur. See Bush v. State, 785 So.2d 1238, 1238 (Fla. 4th DCA 2001) (declining to reach merits of vindictive sentencing claim on appeal of denial of motion under Florida Rule of Criminal Procedure 3.850); contra Fairweather v. State, 505 So.2d 653...

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